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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 15 February 2019 to date (accessed 22 April 2019 at 12:08)
Part 4 Division 4.7 Section 4.42
4.42   Approvals etc legislation that must be applied consistently
(cf previous s 89K)
(1)  An authorisation of the following kind cannot be refused if it is necessary for carrying out State significant development that is authorised by a development consent under this Division and is to be substantially consistent with the consent:
(a)  an aquaculture permit under section 144 of the Fisheries Management Act 1994,
(b)  an approval under section 15 of the Mine Subsidence Compensation Act 1961,
(c)  a mining lease under the Mining Act 1992,
Note.
 Under section 380A of the Mining Act 1992, a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
(d)  a production lease under the Petroleum (Onshore) Act 1991,
Note.
 Under section 24A of the Petroleum (Onshore) Act 1991, a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.
(e)  an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 (for any of the purposes referred to in section 43 of that Act),
(f)  a consent under section 138 of the Roads Act 1993,
(g)  a licence under the Pipelines Act 1967.
(2)  This section does not apply to or in respect of:
(a)  an application for the renewal of an authorisation or a renewed authorisation, or
(b)  an application for a further authorisation or a further authorisation following the expiry or lapsing of an authorisation, or
(c)  in the case of an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997—any period after the first review of the licence under section 78 of that Act.
(3)  A reference in this section to an authorisation or development consent includes a reference to any conditions of the authorisation or consent.
(4)  This section applies to a person, court or tribunal that deals with an objection, appeal or review conferred on a person in relation to an authorisation in the same way as it applies to the person giving the authorisation.